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Partner Refused Entry

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JustKrys
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Partner Refused Entry

Post by JustKrys » Tue Sep 27, 2011 6:04 pm

On Saturday last week my partner travelled from Holland to London via Brussels and was refused entry at Brussels. When asked what his purpose was he explained he was visiting me, his Civil Partner.

He was removed to a secure area and he showed our marriage certificate and was told he should have a VISA to visit me, and was then removed by the Belguim police.

He is now back in Holland waiting to return to Japan - can anyone offer advice please. What next steps etc. He is a Landscape Architect, well travelled and NEVER refused entry to any country, he now fears he can not visit me as a tourist.

We want to go for a Spouse VISA in Japan but Solicitors seem to scam for £1600 and we want to try it alone.

Lucapooka
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Post by Lucapooka » Tue Sep 27, 2011 6:07 pm

He lives in Japan but what is his nationality?

JustKrys
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Post by JustKrys » Tue Sep 27, 2011 6:17 pm

Lucapooka wrote:He lives in Japan but what is his nationality?
He is Japanese. He studied in Delft University and worked in Holland, living with his ex on a 'Registered Partner' *equal to our Unmarried Same Sex Partner VISA. They seperated several years ago and recently dissolved the agreement in the Dutch council meaning he has to leave Holland.

We had our Civil Partnership approved by Bow Registry Office *Immigration Centre* and were wed on 16/09.

Lucapooka
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Post by Lucapooka » Tue Sep 27, 2011 6:22 pm

Japanese passport holders don't need to apply for visit visas; they are not visa nationals and will be granted visit entry clearance on arrival. You say he was denied transit through Belgium en route to the UK from the Netherlands, rather than refused entry on arrival to the UK. This sounds like a matter that is unrelated to UK immigration law.

JustKrys
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Post by JustKrys » Tue Sep 27, 2011 6:30 pm

It was the British control, he got through the French section.

Ticked from the BA were:
Does / Does not have particular immigration document

Is seeking to enter the UK for longer than the immigration rules permit

Is seeking to enter the UK for a purpose other than one for which entry is permitted

Does not have entry clearance

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Post by vinny » Tue Sep 27, 2011 6:35 pm

Lucapooka wrote:This sounds like a matter that is unrelated to UK immigration law.
UK's border checks extend to Brussels
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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JustKrys
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Post by JustKrys » Tue Sep 27, 2011 6:39 pm

Lucapooka wrote:Japanese passport holders don't need to apply for visit visas; they are not visa nationals and will be granted visit entry clearance on arrival. You say he was denied transit through Belgium en route to the UK from the Netherlands, rather than refused entry on arrival to the UK. This sounds like a matter that is unrelated to UK immigration law.
Lucapooka this is hard enough without you telling me i am wrong! I am living this!

Lucapooka
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Post by Lucapooka » Tue Sep 27, 2011 6:42 pm

Oh, I see. I thought he was being bounced by the Belgiums but that would not make sense in the Schengen Area. From the refusal notice it looks like he has stated that he wants to live in the UK rather than visit (hence the part about wants to stay longer than the rules permit) and did not have sufficient credible evidence of his intention to leave the UK.

If he wants to settle in the UK he must apply for a settlement visa from a country where he has nationality or legal residence.

JustKrys
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Post by JustKrys » Tue Sep 27, 2011 6:52 pm

He actually did not say he wanted to settle here. When asked what his purpose of stay was, he said to visit his spouse. That is when he was removed.

my question:
He is now back in Holland waiting to return to Japan - can anyone offer advice please. What next steps etc. He is a Landscape Architect, well travelled and NEVER refused entry to any country, he now fears he can not visit me as a tourist.

We want to go for a Spouse VISA in Japan but Solicitors seem to scam for £1600 and we want to try it alone.

Lucapooka
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Post by Lucapooka » Tue Sep 27, 2011 6:59 pm

There is nothing to prevent him applying to settle in the UK, but nor is there anything to prevent him from applying for a visit visa if he can show his intention to leave after the visit. He would need to pre-apply at the British consulate in either case.

Most people don't need or use legal services when applying for a visa (settlement or otherwise) but if you think you would prefer to have this then you should call around for a few competitive price quotations.

JustKrys
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Post by JustKrys » Tue Sep 27, 2011 7:19 pm

So can anyone advise me on the best way to complete the application, any area's to focus on. Do i require savings? After tax i earn £1800 and have already been paying rent and supporting him when visiting me for blocks of one month from May of this year .. any advice please?

Mr Rusty
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Post by Mr Rusty » Wed Sep 28, 2011 4:25 am

Just to be clear about this, as a Japanese citizen he doesn't need a visa to visit the UK, whether the visit is to see you, his civil partner, or to photograph Big Ben. You say he was refused entry last time because he didn't have a visa to visit you, but the refusal must have been because of doubts about his long-term intentions - in other words, he must have said something which suggested that he did not intend just to stay for a short visit, or he was too vague about where he planned to go or what he would do after his visit, so they thought he was moving in with you. If he's been spending more time in the UK than elsewhere since May, the suspicion must be that he has no serious prospects or intentions outside the UK.

In view of the refusal, it might be best if he applies for a visit visa. He doesn't have to go back to Japan to do that, he can apply in Holland or Belgium. The advantages of getting a visa are that he can apply as a Family Visitor, which gives him a right of appeal if it's refused, and once issued the Immigration Officer can only cancel it if he can show that deception was employed in the application or that there has been a change of circumstances since then.

Although your finances and ability to accommodate him are significant in any application, you should pay very close attention to the wording of the refusal notice, and address the reasons given in detail. If he has no job and is just subsisting in Europe for short periods in between visits to you, I can understand why he was refused entry, and he could be refused a visa for the same reasons.

Alternatively, you have to consider a settlement visa, if he really does want to come and stay with you in the UK. Whether he can apply for that outside Japan depends on his immigration status where he is staying now. Investigate all the requirements very carefully, it's an expensive process. Start here:- http://www.ukba.homeoffice.gov.uk/visas ... s-settled/

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